4.  The facts of the case, as submitted by the parties, may be summarised as follows.
5.  On 25 April 2005 the Commercial Court (Trgovinski sud) in Leskovac ruled in favour of a company “KHK” (at that time the applicant company’s mother company – “matično preduzeće”), and ordered GP “Rad” (a company based in Grdelica – “the debtor”) to pay: (i) RSD 20,403,432.58 (EUR 250,515[1]) plus statutory interest as of 28 February 2001; and (ii) RSD 947,142.00 (EUR 11,630) on account of the costs of civil proceedings.
6.  On 26 April 2005 the company “KHK” transferred this entitlement to the applicant company.
7.  The Commercial Court judgment became final on 24 November 2005 and enforceable on 27 December 2005.
8.  On 27 December 2005 the applicant company filed with the Municipal Court (Opštinski sud) in Leskovac requests for the enforcement of the Commercial Court judgment and for an award of the statutory interest on the costs of the civil proceedings in line with Article 35 § 1 of the Enforcement Procedure Act 2004 (see paragraph 25 below).
9.  On 19 January 2006 the Municipal Court ordered the enforcement by evaluation and sale of the debtor’s immovable assets and the registration of the enforcement order in the real estate registry. In addition, the court awarded the applicant company the statutory interest on the costs of the civil proceedings as of 25 April 2005 and set the costs of the enforcement proceedings at RSD 69,500 (EUR 790). On 3 October 2007 the Municipal Court partially amended the enforcement order in that the enforcement by sale of some of the land plots was terminated and the costs of the enforcement proceedings were set at RSD 267,150 (EUR 3,400). These decisions became final on 14 December 2007.
10.  On 3 June 2008 the enforcement order was registered in the Land Registry (Katastar nepokretnosti) in Leskovac.
11.  By 19 December 2008 the Municipal Court established that the value of the debtor’s seized immovable assets was RSD 121,403,430.00 (EUR 1,356,640) and referred a third party, who was disputing the debtor’s ownership in respect of certain plots of land, to institute separate civil proceedings in that respect against the applicant company.
12.  By 4 February 2009 the Municipal Court suspended the enforcement in respect of certain plots of land the ownership of which was disputed.
13.  On 10 February 2009 the Municipal Court partially amended the decision of 19 December 2008 in that it assessed the value of the debtor’s seized assets at RSD 108,654,410.00 (EUR 1,214,184). On 5 March 2009 the District Court (Okružni sud) in Leskovac quashed this decision and ordered a retrial.
14.  On 27 April 2009 the Commercial Court (Privredni sud) in Leskovac instituted the insolvency proceedings (stečajni postupak) against the debtor.
15.  By 11 June 2009 the Municipal Court stayed the enforcement proceedings due to the initiation of the insolvency proceedings.
16.  On 18 May 2009 the applicant company duly submitted its claim to the Commercial Court within the insolvency proceedings against the debtor, seeking that it be recognized as a secured creditor (razlučni poverilac).
17. On 15 June 2009, at the first creditors’ hearing, attended also by the applicant company, the Assembly of Creditors agreed that the insolvency proceedings should lead to the debtor’s bankruptcy. On 7 September 2009 the Commercial Court initiated the proceedings for the sale of the debtor’s assets.
18.  On 24 August 2009 the Insolvency Judge (stečajni sudija) recognized the applicant company’s claim and its secured creditor status. On 24 November 2009 the Insolvency Council (stečajno veće), upon an appeal of the Insolvency Administrator (stečajni upravnik), quashed this decision and referred the applicant company to institute civil proceedings for determination of its status as a secured creditor.
19. On 29 March 2010 the applicant company instituted civil proceedings in this regard. By 1 June 2012 the Commercial Court dismissed the applicant company’s claim as lodged out of time. The applicant company was ordered to pay for the costs of the proceedings in the amount of RSD 485,250.00 (EUR 4,250). It would appear from the case-file that this decision is not yet final.
20.  On 15 August 2008 the applicant company lodged a constitutional appeal seeking redress in respect of the impugned non-enforcement. In particular, the applicant company sought that its secured creditor status be recognized and that it be paid the sums claimed in the insolvency proceedings.
21. On 29 March 2012 the Constitutional Court held that the applicant company had suffered a breach of its property right, as well as a violation of the “right to a trial within a reasonable time” with regard to the enforcement proceedings, and dismissed the remainder of the appeal. The court also declared that the applicant company was entitled to non-pecuniary damage in the amount of EUR 600, converted into the national currency at the rate applicable at the date of settlement.
22.  Before the insolvency proceedings the debtor company was entirely socially-owned. It has remained to be registered as such in the relevant public registries throughout the insolvency proceedings.
23. The insolvency proceedings are still ongoing.